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Buyer of business loses misrepresentation claim against seller because claim was not based upon seller’s breach of contract

Madison, Wisconsin based Target, is a contract manufacturer of custom vitamin and trace mineral premixes and value-added branded feed ingredients for the animal feed market. Seller was Target’s president and Buyer its vice-president. Both shared in Targets’ day-to-day operations, and

Posted in economic loss doctrine, fraud in business sale, negligent misrepresentation, tort misrepresentation in M&A

Officer of company selling assets can be liable to buyer in tort for material misrepresentations and omissions even though not a party or guarantor to the asset purchase agreement

Today I want to talk about James. He was the officer of a company (“Seller”) which owned and operated an Anytime Fitness center franchise in Nicholasville (a small city outside of Lexington, Kentucky). In September of 2016, Robert, owner and

Posted in tort misrepresentation in M&A

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